Case law
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Division and case type: Claims and Labour Relations DivisionClaim/Causes
…The Court on 16th October, 2023 after listening to the parties made a ruling that the decretal sum be deposited in court as a condition for stay. The deposit was to be made on or before 29th May, 2018.…
…From the above decision the decretal sum deposited in court does not earn interest hence the same should be released without any such interest. 6.…
Division and case type: Employment and Labour Relations CourtAppeals
…is ready and willing to deposit the sum of Kshs.582,500.00 in compliance with court Orders.…
…Advocates proposed to deposit the Decretal sum at Diamond Trust Bank.…
Division and case type: Claims and Labour Relations DivisionMiscellaneous Applications
…(ii) THAT the Honourable Court deems the deposit of the above referenced amount as compliance with the judgment debtor’s obligation to satisfy the subject judgment.…
…Last, it is open to a judgment creditor to deposit into the Court any decretal sums awarded by the Court.…
Division and case type: Employment and Labour Relations CourtAppeals
…The appellant filed an application dated 12 November 2024 under the provisions of Order 42 Rule 6 seeking orders that the sum of Ksh.300,500 deposited in court will be deemed as a security deposit in compliance with conditional…
…The court issued interim orders directing the appellant to deposit the decretal sum in court, which the appellant has done.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…and a copy of the deposit slip thereof be availed to the Respondent. iii.…
…In view of which, it is necessary that the Order issued on 29th June 2024, be varied to provide that the said sum be deposited in a Judiciary Account. 6.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…proceeded to deposit the Kshs 10,000/= in the customer’s account.…
…Ksh, 170,000,00 as per the deposit slip. 2.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…On 14/11/2022, I ordered the Respondent to deposit the entire decretal sum in Court within fourteen (14) days of the order as a condition to interim stay of execution pending hearing and determination of its aforesaid application…
…The Court’s record herein shows that a sum of kshs. 426,056 was deposited in this Court on 6/12/2022. 3.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…In light of the above, the Court orders: (i) The judgment delivered on 30 January 2025 is set aside on conditions that the Respondent deposits the sum of Kshs 229,021/- in Court and pays the Claimant wasted costs of Kshs…
Division and case type: Employment and Labour Relations CourtAppeals
…There shall be a stay of execution of the decree in the above-mentioned lower court matter- Mombasa MCCELRC NO. 755 OF 2021, pending the hearing and determination of the appeal herein, subject to the Appellant depositing…
Division and case type: Employment and Labour Relations CourtAppeals
…Githinji Advocate, acting for the Respondent, urged this Court to order for half of the decretal sum to be paid to the Respondent and the other half be deposited in Court. 10.…
…The applicant seeks stay and is willing to abide by conditions that may be set by this court including depositing the entire decretal sum in court. 13.…
Division and case type: Claims and Labour Relations DivisionMiscellaneous Applications
…This therefore, meant that the said deposit Request Note did not meet a proper agreement anticipated under the above provisions to qualify to stop the court from proceeding with taxation.…
…Even if he signaled by paying the same, it was clear that it was a deposit and not full fees payment.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…The Claimant stated in the affidavit that it did not oppose the application provided the Respondent was ordered to provide security by depositing the decretal sum in a joint interest-earning account in the name of the parties…
…The Claimant in his replying affidavit indicated he would not oppose the application on terms that the decretal sum was to be deposited into an interest-earning joint account. 16.…
Division and case type: Employment and Labour Relations CourtAppeals
…There shall be a stay of execution of the decree in the above-mentioned lower court matter- Mombasa MCCELRC NO. 740 OF 21, pending the hearing and determination of the appeal herein, subject to the Appellant depositing the…
Division and case type: Employment and Labour Relations CourtAppeals
…Opwapo supports the application, advocate, who avers that the security deposit should be released to the respondent upon dismissing the appeal.…
…The security deposit herein should take into account such decree. Both parties attended court and made oral submissions, which were analyzed.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…The parties did not conduct the reconciliation, and on 20 May 2025, the Court reserved the Ruling to today and extended the interim orders on condition that the Respondent deposited Kshs 700,000/- in Court before 31 May 2025…
…The Respondents deposited Kshs 721,582/- in Court on 23 May 2025. 11. The Court has considered the Motion, affidavits and submissions on behalf of the Respondents and makes the following determinations. 12.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…She gave him a list of agents with revolving deposit facilities with the respondent.…
…The agent did not have a revolving deposit facility with the respondent, the shipping line agent.…
Division and case type: Employment and Labour Relations CourtAppeals
…The appellant/applicant be ordered to deposit the decretal sum in a joint interest-earning account in the name of the parties\' respective counsels pending the determination of the intended appeal.…
…The appellant is willing to deposit the decretal sum in a joint interest-earning account held by the counsels and abide by any other conditions that the court may issue.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…Her main contention is that the Respondent has not demonstrated that it would be occasioned substantial loss if the stay were to be declined and that to achieve equality of arms, the decretal sum ought to be deposited into…
…(iii) The balance of the decretal sum be deposited in an interest-earning account in the names of the parties’ advocates on record within 30 days from today.…
Division and case type: Appeals DivisionAppeals
…The application was further supported by the Affidavit of Jeniffer Kigen sworn on the 2nd April 2024 where she annexed the judgment of the lower court and stated that they were willing to deposit security of performance of…
…On security the applicant vide affidavit of Jennifer Kigen stated they were willing to deposit security. The Respondent alleged some auctioneer fees but no evidence was annexed.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…When the Motion was placed before the Court on 24 April 2023, ex-parte stage, the Court directed the Respondents to deposit in Court Kshs 50,000,000/- as security within 14 days of 24 April 2023. 4.…
…The Respondents have failed to comply with this Court’s orders to deposit security in Court.…